Oklahoma § 22-561 - Change of venue - When granted - Application - Affidavits

§ 22-561. Change of venue - When granted - Application - Affidavits

and evidence - Removal as to part of defendants.

Oklahoma Statutes - Title 22. Criminal Procedure

Any criminal cause pending in the district court may, at any

time before the trial is begun, on the application of the defendant

be removed from the county in which it is pending to some other

county in said judicial district, whenever it shall appear in the

manner hereinafter provided, that the minds of the inhabitants of

the county in which the cause is pending are so prejudiced against

the defendant that a fair and impartial trial cannot be had therein.

Such order of removal may be made on the application of the

defendant by petition, setting forth the facts, verified by

affidavit, if reasonable notice of the application be given to the

district attorney and the truth of the allegations in such petition

be supported by the affidavits of at least three credible persons,

who reside in said county. The district attorney may introduce

counter affidavits to show that the persons making affidavits in

support of the application are not credible persons and that the

change is not necessary, and may examine the witnesses in support of

said application in open court in regard to the truth of said

application; and if it be made to appear by the affidavits and

examination of witnesses that a fair and impartial trial cannot be

had in the county, a change shall be granted and the order made by

the court. When there are several defendants in any indictment or

criminal prosecution, and the cause of the removal thereof exists

only as to one or more of them, the other defendants shall be tried

and all proceedings had against them in the county, in which the

case is pending, in all respects as if no order of removal had been

made as to any defendant.

R.L.1910, § 5811.